|Q&A: Answers about property management .|
|Question: After serving a tenant with a three-day notice to pay rent or quit, what is my next step if the tenant does not comply? Serving a 30-day notice?Answer: Your next step would be to file the unlawful detainer (tenant eviction) in the proper court. Each court has geographical boundaries, so you should make sure you are filing the action in the court of proper venue.
Question: Our lease says that upon termination of the lease, the arrangement automatically becomes month-to-month. Any problems?
Answer: If the tenant remains in possession after the expiration of a fixed term lease, and the landlord accepts a monthly rental payment, California law presumes the lease term to be month-to-month under the same terms of the lease. If the lease is properly drafted, it can require the lease automatically revert to a month-to-month agreement.
Question: One of our tenants recently requested that we paint the inside of her apartment. She has threatened to do it herself and deduct the cost of the paint from the rent if we do not have it painted within the next two weeks. Is she legally able to carry out her threat?
Answer: Unless the condition of the walls rendered the premises uninhabitable, the owner is under no obligation to paint the unit at the request of the tenant.
Question: I need to know the depreciation schedule of neby Ted Kimball, Esqw carpeting in a home where the tenant lived for one year. The tenant put five cigarette burn holes in the carpet and spilled wax on the corner of this brand new carpet.
Answer: California’s security deposit law found in Civil Code Section 1950.5 states that the resident is responsible for damage above normal wear and tear. If the carpet needs to be replaced after one year and it should have lasted for five years, most judges will allow you to charge the resident four-fifths of the total replacement costs.